Cherkasov O. Unity and Differentiation of Liability in Labor Law of Ukraine

Research is devoted to scientific analysis of problems of unity and differentiation of legal liability in labor law of Ukraine, and the determination of legal regulation and implementation of disciplinary and material responsibility. It is proved that the unity of legal liability in labor law stipulates primarily on the employment relationship, which is the basis for relations of legal responsibility. The concept, nature and purpose of differentiation of legal liability in labor law were studied. The system of criteria of differentiation legal liability in labor law was proposed. It is proved that the determinant criteria for distinguishing types of liability is the subject and the method of legal regulation of the type of social relations, which implemented some form of legal liability and other objective and subjective criteria. The idea of determining the scope of liability in labor law considering the subject of legal regulation was formulated. It is proposed to distinguish between legal liability in labor law, depending on the type of relationship on: liability in labor relations and responsibility in the field closely related to labor relations. On the ground of obtained theoretical results a number of proposals to improve the regulation of liability in labor law, which can be used in finalizing the draft Labor Code of Ukraine, were formulated.